The deal to end the October/November 2025 government shutdown included the federal version of the Texas state senate bill from June that sought to ban hemp-derived tetrahydrocannabinol (THC). Head Magazine covered the catastrophic damage that the Texas bill would cause if passed into law: 

  • 40,000 jobs lost
  • 6,300 businesses ruined
  • $300 million in tax revenue lost 
  • $10 billion in total economic activity wiped out 

Although Texas Gov. Greg Abbot vetoed the bill at the last possible second, preventing it from passing, the predicted catastrophe has now been unleashed by Congress – on the entire nation. With the Texas bill, nearly 32 million U.S. citizens would have been subject to the aftermath; now, over 10 times as many (347.3 million) U.S. citizens will be hit by it. In tandem, the 7.3 million Native Americans whose lands fall within U.S. borders will be affected as well.  

Despite having sovereignty in other heavily regulated areas (e.g., gaming), Native American tribes are not, in practice, exempt from U.S. laws related to cannabis. Thus, the new law effectively applies to all 574 federally recognized tribes, two of which descend from the Native Americans present at the first Thanksgiving, the Wampanoag people. Like U.S. citizens, these people are part of the collateral damage of a scheme perpetrated beyond their reach, and they warrant – at a minimum – public awareness. 

This article serves to both announce what Congress did in secret and demonstrate how the centuries-old imbalance between U.S. policy and tribal self-determination persists as a result.

What we covered in “Texas Poised to Ban Consumable Hemp Products Containing THC: A Scorched-Earth Approach to Closing a Single Legal Loophole” has now become a reality – across the entire country, not just in Texas.

Roll Call for the First Thanksgiving: Wampanoag Nation and Brits

In 1621, at least 90 Wampanoag tribe members joined over 50 English settlers at Patuxet (present-day Plymouth, Massachusetts) as a peacekeeping gesture. The U.S. National Archives reports: 

“The Pilgrims were not the first Europeans with whom the Wampanoag had contact, and some tribe members already spoke English. Tribal leaders were wary of the English but nevertheless formed an alliance with the colonists for strategic purposes. They also shared knowledge about hunting and planting that saved the Pilgrims from starvation and made the 1621 harvest celebration possible.”

A couple of decades later, a war broke out that would ultimately cost the Wampanoag people most of their land and all of their political independence.

It’s possible that Native Americans were using cannabis before Europeans ever showed up on the shores of North America, as we explore in “Giving Thanks: A History of Native Americans and Cannabis.” / Image Credit: Anyka / 123rf.com

The People of the First Light: Getting to Know the Wampanoag Nation

The Wampanoag people translate their name into English as “The People of the First Light.” This reflects two interconnected aspects of their nation: their geography and their spirituality. As reported by the Wampanoag Tribe of Gay Head (Aquinnah), the Wampanoag once inhabited all of modern-day Southeastern Massachusetts and Eastern Rhode Island, originating in Noepe (present-day Martha’s Vineyard). Environment for the Americas points out that their ancestral lands are on the easternmost point of the continent, making them among the first spectators of the sunrise each day, i.e., the first light. Add to this the legend of the origin of their nation, as told by tribal leaders:

“The last great North American glacier began its retreat some 10,000 years ago, leaving behind the accumulation of boulders, sand, and clay that is now known as Martha’s Vineyard. There, it is said, a benevolent being named Moshup roamed the land. One day, Moshup was making his way across the mainland to the headlands of the Aquinnah Cliffs. Weary from his journey, Moshup dragged his foot heavily, leaving a deep track in the mud. At first, only a silver thread of water trickled in the track. But gradually, the ocean’s force of wind and tides broadened and deepened the opening, creating an island named Noepe. The Wampanoag were the first people of Noepe.”

Before European settlers came to their shores, the Wampanoag nation comprised nearly 70 distinct communities; today, there are three. These are spread between the Mashpee and Aquinnah communities, the only Wampanoag tribes among the 574 tribes recognized by the U.S. Bureau of Indian Affairs. Their story has been documented in spectacular detail by Plymouth 400, whose multimedia exhibit “‘Our’ Story: 400 Years of Wampanoag History” tells their tale.

The exhibit “‘Our’ Story: 400 Years of Wampanoag History” by Plymouth 400 features videos (including the one above) and photos that capture the history and contemporary culture of the Wampanoag people. 

Contaminated Pork for Thanksgiving: Hijinks in Ending the Government Shutdown

In the context of federal legislation, “pork” is an epithet for taxpayer funds that are allocated to something that benefits specific politicians but not U.S. citizens overall. In the deal struck by Congress to end the government shutdown, certain politicians weaseled in a last-minute amendment that bans consumables with hemp-derived THC as part of funding for the U.S. Department of Agriculture (USDA). 

How that will benefit these politicians versus how it will benefit U.S. citizens is the topic in a forthcoming Head Magazine article – stay tuned! – but here’s an on-point observation from investigative journalist Karen Brooks Harper:

“[T]here was a movement during the debate a couple nights ago by Rand Paul to remove that language [the ban on consumables with hemp-derived THC] from that USDA bill, just kind of as a last minute, ‘well, hey, what’s this doing in here? Nobody’s expecting this. Let’s take a vote on this.’ Everybody just voted to keep it in because it is hard for some politicians to vote for, without explaining to their constituents, that they’re not in favor of recreational drugs, even though it goes way beyond this. … You know, it goes towards anything that markets itself as having similar effects to cannabinoids, which means CBD products can be a risk.”

Harper was likely referring to this quote from Senator Rand Paul (Kentucky): “[T]here is extraneous language in this package that has nothing to do with reopening the government and would harm Kentucky’s hemp farmers and small businesses.”

The amendment, which will go into effect Nov. 12, 2026, bans the sale of hemp products (gummies, drinks, vapes, tinctures, body oils, lotions, etc.) with more than 0.4 milligrams of total THC per container. The average hemp gummy or hemp beverage contains 2.5 to 10 milligrams of THC, so this new limit imposes impossible compliance despite not banning these consumables outright. 

Also, the law redefines what constitutes legal hemp by updating the content restrictions from pertaining only to delta-9 THC to pertaining to all forms of THC (delta-8, etc.). As we point out in our Texas analysis, the only way to comply with the new law is to have absolute control over every chemical component of the cannabis plant while it’s growing. The odds of a plant sprouting out of the ground and not violating just one of the absurdly numerous rules imposed on it are so small that the law is condemning farmers to bankruptcy. 

That sends a shock wave pulsing through every aspect of the supply chain from the farmers onward: manufacturing, packaging, shipping, advertising, selling and so on. Every person whose fate is ultimately tied to that of the farmer’s is caught in the trap set by Congress.

When someone claims that the new law will wipe out delta-8 THC, consider that delta-8 emerged as a natural consequence of supply and demand, and that demand can’t be legislated away; the next delta-8 is likely already in the works. Image credit: fokusiert / 123rf.com

Not to Be Forgotten: The Victims Who Aren’t Acknowledged

This ban affects Native Americans as much as it affects U.S. citizens. The Bureau of Indian Affairs under the U.S. Department of the Interior states: “Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent.” 

However, when it comes to cannabis, “participation and consent” seem to disappear as the U.S. government grants tribes what amounts to conditional sovereignty. This is due to the intricate web of exceptions woven into tribal sovereignty laws both before and throughout U.S. history, explained well in “Native American Tribal Sovereignty and the Cannabis Industry.”

To paraphrase the U.S. Department of Justice’s Cole Memorandum (August 2013), Policy Statement Regarding Marijuana Issues in Indian Country (October 2014) and FAQs for that statement: “You’re free to have whichever laws on cannabis your tribe wants – as long as they’re identical to U.S. federal laws on cannabis.” Ostensibly, the U.S. government won’t interfere unless cannabis-related activities initiated in Native American territories spill over into U.S. territory. That said, those policies make it clear that there are exceptions to that expectation of sovereignty. 

With that in mind, if a Native American tribe elects to grow cannabis to sell it to manufacturers of cannabis-derived products in non-Native American territory, there are penalties. And if a Native American tribe is manufacturing its own cannabis-derived products and attempts to sell them outside its U.S. government-designated territory, there are penalties. And so on. Politico wrote about this extensively in 2022 in “Tribes left behind by America’s marijuana laws.” 

As recently as June 2025, U.S. federal agents raided a cannabis farm on Native American land, showing that tribal sovereignty is dispensable when cannabis is involved. / Photo by Kindel Media / pexels.com

The June 2024 article “Tribes Face Unique Barriers to Entering the Cannabis Industry” in “The Regulatory Review” covers intricacies in the red tape keeping tribes from participating even in the (soon-to-be formerly) legal cannabis industry. A June 2025 “Journal of Public Health Policy” reached a similar conclusion in “Marijuana policy and tribal communities in the United States,” saying: “Federal, state, and tribal marijuana policies are frequently at odds, leaving tribal governments with a complex web of regulations to navigate as they determine the most appropriate course of action for community members.” 

A November 2025 report in “American Journal of Preventive Medicine,” “Tribal Marijuana Possession Laws: Prohibition to Legalization Among Native American Nations,” took that even further: “The observed variability shows the need for clear federal guidelines that respect tribal self-governance and support the development of culturally appropriate regulatory frameworks tailored to the unique needs of tribal communities.”

Native American culture is among the casualties of the tribes’ compromised sovereignty./Photo by Soly Moses/ pexels.com/

Real Life: Native Americans and Cann-agriculture and Canna-business

This isn’t hypothetical, by the way. The Indigenous Cannabis Industry Association maintains a map identifying locations of tribal cannabis and hemp programs. According to that association, 52 tribal communities operate federally approved hemp cultivation programs. Also, 1 in 4 (26%) indigenous communities in the continental U.S. are involved with cannabis or hemp programs. 

In the May/June 2025 issue of “Cannabis Science and Technology,” the article “The Rise of Indigenous Cannabis” reports that 10% of federally recognized tribes have recreational and medicinal cannabis dispensaries. Also, there are 77 cannabis retail outlets owned by 59 tribes across nine states. 

From Head Magazine’s online research, here’s a partial list of Native American canna-businesses that sell the products Congress just effectively banned:

Photo of a Pokanoket Wampanoag float at a July 4th event in Rhode Island. / Photo credit: Shaun C. Williams from USA, <https://creativecommons.org/licenses/by/2.0>,CC BY 2.0 via Wikimedia Commons

In 2018, the U.S. government abruptly took more than 300 acres from the Mashpee Wampanoag Tribe when it reversed a 2015 decision to give them that land. Eight years of wearisome litigation went into reclaiming that land for the tribe. Now, the Mashpee are poised to suffer a great loss at the hands of the U.S. government once again. 

Congress’ anti-hemp law threatens to ruin Tribal Fire, a Wampanoag benefactor and employer. Tribal Fire’s Feed the People Program provides meals and essential supplies to those in need, particularly focusing on the Mashpee. Also, the company actively hires and trains Mashpee members, creating sustainable employment within the Wampanoag community. Additionally, a portion of the company’s profits goes toward Wampanoag programs, helping to preserve culture and traditions while contributing to the Mashpee community’s well-being.

In “Native Americans and Alcatraz: The Other Thanksgiving Tradition,” we examine how “Unthanksgiving” was born. / Photo courtesy of National Park Service / nps.gov

Conclusion

This article isn’t insinuating that Native Americans – Wampanoag or any other nation – were explicitly targeted when politicians malignantly exploited the deal to reopen the U.S. government; nor is it implying that Native Americans will be affected disproportionately. Rather, it serves as a reminder that the tidal wave Congress is slamming U.S. citizens with will drown the economies of these would-be sovereign nations too. 

It seems to be a time-honored standard operating procedure to forget (willfully or subconsciously) about the Native Americans when making policies that significantly affect their lives. So, this is a modest attempt to prevent that from happening yet again. Wouldn’t it be an awesome testament to the progress of humanity if Native Americans were, for once, involved in a choice that seals their fate? It’s worth hoping for, if nothing else. 

The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.

Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.

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